Unsorted FBI Documents

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA : SEALED

INDICTMENT

-V- :

JOHN CIPOLLA, :

FRANK BOEHME , 11 Cr.

ANTHONY MASCUZZIO, :

JONATHAN MASCUZZIO, and

FRANCIS LACORTE, :

COUNT ONE

The Grand Jury charges :

1. From at least in or about July 2007, up to and
including in or about November 2008, in the Southern District of
New York and elsewhere, JOHN CIPOLLA, FRANK BOEHME, ANTHONY
MASCUZZIO, and JONATHAN MASCUZZIO, the defendants, and others
known and unknown, unlawfully, intentionally and knowingly did
combine, conspire, confederate and agree together and with each
other to violate the narcotics laws of the United States .

2. It was a part and an object of the conspiracy that
JOHN CIPOLLA, FRANK BOEHME, ANTHONY MASCUZZIO, and JONATHAN
MASCUZZIO, the defendants, and others known and unknown, would
and did distribute, and possess with intent to distribute, a
controlled substance in violation of 21 U.S.C. § 841(a) (1) .

3. The controlled substance involved in the offense
was 1,000 kilograms and more of mixtures and substances

containing a detectable amount of marijuana, in violation of 21

U.S.C. § 841 (b) (1) (A) .

(Title 21, United States Code, Section 846.)

COUNT TWO

The Grand Jury further charges:

4. From at least in or about February 2008, up to and
including in or about July 2008, in the Southern District

of New York and elsewhere, FRANK BOEHME, ANTHONY MASCUZZIO and
FRANCIS LACORTE, the defendants, and others known and unknown,
unlawfully, willfully, and knowingly did combine, conspire,
confederate, and agree together and with each other to commit
offenses against the United States, to wit, to violate Sections
2314 and 2315 of Title 18, United States Code.

5. It was a part and an object of the conspiracy that
FRANK BOEHME, ANTHONY MASCUZZIO and FRANCIS LACORTE, the
defendants, and others known and unknown, unlawfully, willfully,
and knowingly would and did transport, transmit, and transfer in
interstate and foreign commerce, goods, wares, merchandise, and
money of the value of $5,000 and more, to wit, approximately
$1,000,000 worth of electronic equipment, knowing the same to
have been stolen, unlawfully converted, and taken by fraud, in
violation of Title 18, United States Code, Section 2314.

6. It was further a part and an object of the
conspiracy that FRANK BOEHME, ANTHONY MASCUZZIO and FRANCIS
LACORTE, the defendants, and others known and unknown.

2

unlawfully, willfully, and knowingly would and did receive,
possess, conceal, store, barter, sell, and dispose of goods,
wares, merchandise, and money of the value of $5, 000 and more, to
wit, approximately $1,000,000 worth of electronic equipment,
which had crossed a State and United States boundary after being
stolen, unlawfully converted, and taken, and knowing the same to
have been stolen, unlawfully converted, and taken, in violation
of Title 18, United States Code, Section 2315.

Overt Acts

7. In furtherance of the conspiracy and to effect the
illegal objects thereof, the following overt acts, among others,
were committed in the Southern District of New York and
elsewhere :

a . On or about May 6 , 2008, FRANK BOEHME ,

ANTHONY MASCUZZIO, the defendants, and other co- conspirators not
named as defendants herein, drove through the Southern District
of New York, on their way to Newark, Delaware.

b . On or about May 6 , 2008, FRANK BOEHME ,

ANTHONY MASCUZZIO, the defendants, and other co-conspirators not
named as defendants herein, broke into an electronics store in
Newark, Delaware.

C. In or about 2008, FRANCIS LACORTE, the
defendant, purchased stolen goods from other co-conspirators not

named as defendants herein.

(Title 18, United States Code, Section 371.)

3

FORFEITURE ALLEGATIONS
(As to Count One)

8. As a result of committing the narcotics offense
alleged in Count One of this Indictment, JOHN CIPOLLA, FRANK
BOEHME , ANTHONY MASCUZZIO, and JONATHAN MASCUZZIO, the
defendants, shall forfeit to the United States, pursuant to 21
U.S.C. § 853, any and all property constituting or derived from
any proceeds obtained directly or indirectly as a result of the
narcotics offense charged in Count One, and any and all property
used or intended to be used in any manner or part to commit and
to facilitate the commission of that narcotics offense.

Substitute Asset Provision

9. If any of the above-described forfeitable
property, as a result of any act or omission of' JOHN CIPOLLA,
FRANK BOEHME, ANTHONY MASCUZZIO, and JONATHAN MASCUZZIO, the
defendants :

(1) cannot be located upon the exercise of due
diligence;

(2) has been transferred, or sold to, or deposited
with, a third person;

(3) has been placed beyond the jurisdiction of the
Court ;

(4) has been substantially diminished in value; or

►

(5) has been commingled with other property which
cannot be subdivided without difficulty;

4

it is the intent of the United States, pursuant to 21 U.S.C.

§ 853 (p) , to seek forfeiture of any other property of said
defendants up to the value of the above forfeitable property.

(Title 21, United States Code, Section 853.)

FORFEITURE ALLEGATIONS
(As to Count Two)

• 10 . As the result of committing the stolen property

offense alleged in Count Two of this Indictment, FRANK BOEHME ,
ANTHONY MASCUZZIO and FRANCIS LACORTE, the defendants, shall
forfeit to the United States, pursuant to 18 U.S.C.

§ 981(a) (1) (C) and 28 U.S.C. § 2461, all property, real and
persopal, that constitutes or is derived from proceeds traceable
to the stolen property offense, including but not limited to a
sum of money equal to the amount of proceeds obtained as a result
of the offense.

Substitute Asset Provision

11. If any of the above-described forfeitable
property, as a result of any act or omission of JOHN CIPOLLA,
FRANK BOEHME, ANTHONY MASCUZZIO, and JONATHAN MASCUZZIO, the
defendants :

(1) cannot be located upon the exercise of due
diligence;

(2) has been transferred, or sold to, or deposited
with, a third person;

5

(3) has been placed beyond the jurisdiction of the
Court ;

(4) has been substantially diminished in value; or

(5) has been commingled with other property which
cannot be subdivided without difficulty;

it is the intent of the United States, pursuant to 21 U.S.C.

§ 853 (p) , to seek forfeiture of any other property of said
defendants up to the value of the above forfeitable property.

(Title 18, United States Code, Section 981;
Title 21, United States Code, Section 853; and
Title 28, United States Code, Section 2461.)

6

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

V.

JOHN CIPOLLA,

FRANK BOEHME,
ANTHONY MASCUZZIO,
JONATHAN MASCUZZIO, and
FRANCIS LACORTE,

Defendants .

SEALED INDICTMENT
11 Cr.

(21 U.S.C. § 846 and 18 U.S.C. § 371.)

PREET BHARARA

United States Attorney.

A TRUE BILL